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DIGITAL SERVICES - Web Marketing Angels
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FREQUENTLY ASKED QUESTIONS (FAQs)

– Miscellaneous

Who pays for an apprentice’s course fees and textbooks?

The question of ‘who pays’ has been argued over many years. Different awards have contained varying provisions, and there has not been a ‘one size fits all’ answer to this question. Recently there was a test case run at the Fair Work Commission that covered, among other matters, the issue of payment for an apprentice’s training costs. As a result, modern awards are being varied to reflect the following provisions:

• Employers are now responsible for paying course fees and textbooks, unless the employer already owns the textbooks. Payment is required within six months of the commencement of the relevant stage of an apprenticeship, and can be made directly to the training provider. This payment is subject to the apprentice making satisfactory progress in their studies.
• If an apprentice is required to attend training that necessitates an overnight stay, travel costs are payable by the employer. This can sometimes be offset by government funding that may be available to assist with such costs. This clause may not apply if the apprentice could have attended training closer to home.
• Time an apprentice spends at training or assessment is time worked for the purpose of wages & other employment conditions such as leave accruals.

This advice has been written with the provisions of the Timber Industry Award 2010 and the Manufacturing and Associated Industries and Occupations Award 2010 in mind. For sole traders and partnerships operating in Western Australia, the Furniture Trades Industry Award contains similar provisions. If your apprentices are covered by another award, please contact AFA on (03) 9856 1600 for more information, or check the apprentice provisions in the relevant modern award.

– Annual Leave

These FAQs are relevant to all private sector employees and employers in Australia except for sole traders and partnerships in Western Australia, whose entitlements are set by WA State awards. 

What is the basic entitlement?

Under the National Employment Standards, full time and part time employees are entitled to four weeks of annual leave each year. The entitlement accrues progressively during the year, and is cumulative.

Shift workers are entitled to an extra week of annual lave provided they meet the definition of ‘shift worker’ in the relevant award or the Fair Work Act 2009. The Timber Industry Award 2010 defines a ‘shift worker’ as someone who is regularly rostered to work on Sundays and public holidays.

Casual employees do not accrue paid annual leave, although be careful with this, because if the employee is not genuinely casual, they could claim annual leave through the courts up to six years later.

Can I direct an employee to take their accrued paid annual leave if I need to?

Generally, the time of taking leave is by agreement between the employer and the employee, and the employer must not unreasonably fail to agree to an employee taking annual leave. You can direct an employee to take annual leave if your business is having a shut down, if you comply with the relevant award. For example, both the Clerks – Private Sector Award 2010 and the Timber Industry Award 2010 allow shut downs provided at least four weeks’ notice has been given. Both awards also allow an employer to direct an employee to take some annual leave if the employee has accrued more than 8 weeks’ of leave.

If business is slow, you can ask employees to take leave, but you can’t direct them to do so unless you comply with the provisions of the relevant Award.

Does an employee with less than 3 months’ service get any annual leave?

Employees start accruing annual leave from the first day. If an employee leaves, or is terminated, they are entitled to payment for pro rata annual leave.

Can an employee can ask to cash in annual leave, and is it OK for me to agree to pay it out?

If an employee is award free, or is covered by an award or enterprise agreement that explicitly allows for cashing in annual leave, then it’s OK for you to pay it out provided you comply with the National Employment Standards. However, for example, the Timber Industry Award 2010 does not allow for cashing in annual leave, so any employee who is covered by that award can’t lawfully cash in annual leave.

Can I pay an employee on annual leave at the base rate of pay?

If the work an employee does is not covered award, then the employee is entitled to annual leave paid at the base rate of pay for the employee’s ordinary hours of work. However, awards or agreements can (and do) specify different payment arrangements. The Timber Industry Award 2010 requires that the employee be paid allowances, loadings and penalties paid for all purposes, first aid allowances and over award payments to be included. People are not entitled to overtime payments while on annual leave, even if they would normally work overtime if they were at work.

Do I have to pay leave loading when an employee leaves or is dismissed and is paid pro rata annual leave?

The situation is currently confusing regarding this topic. The Timber Industry Award 2010, for example, specifically states that when an employee leaves, they don’t get leave loading on annual leave that accrued since the last anniversary date, i.e. leave loading is not payable on proportionate leave, except in limited circumstances. The National Employment Standards specify that on termination, an employee is to be paid for their accrued annual leave what they would have been paid had they taken the leave. The Fair Work Ombudsman has interpreted this as meaning that regardless of the terms of the relevant award, if an employee would have been entitled to leave loading had they taken the leave, it must be paid when an employee leaves.

There is a Bill before the federal Senate that will ensure that whatever the award says is what is required, but at the time of writing, the Bill had not become law.

If I pay an employee an overaward rate of pay, is it true that I automatically don’t have to pay leave loading?

The Award Flexibility provisions of the Timber Industry Award 2010 allow employers to make an agreement with individual employees about certain matters, including the payment of leave loading. However, in order for the agreement to be enforceable, and for an overaward rate of pay to extinguish the entitlement to leave loading, the agreement must comply with the provisions of clause 8 of the Award. This means the agreement must be in writing, it must be clear what the overaward payment covers, and the overaward payment must actually compensate the employee fully for the leave loading.

An employee gets sick while on annual leave … what happens next?

Let’s set the scene: A long term employee who has accrued a significant amount of personal/carer’s leave takes four weeks of annual leave. In the first week of her holiday, she becomes ill, and remains ill for some weeks. When she returns to work, she gives her employer a medical certificate for the three weeks that she was ill, and requests that the time off be taken out of her personal/carer’s leave, and three weeks of her annual leave be re-credited. Does the employer have to comply?

The short answer is: Yes. The Fair Work Act 2009 explicitly states that if an employee is on annual leave, and becomes entitled to another form of leave, other than unpaid parental leave, then the employee is taken not to be on annual leave for that time. This means that an employee is entitled to swap out their annual leave for personal/carer’s leave, provided the employee complies with reasonable notification and evidence requirements.

In the situation outlined above, the employer would be entitled to require that the employee supply evidence that would satisfy a reasonable person that he or she was ill, usually this is a medical certificate.

– Long Service Leave (Tasmania)

How much long service leave does an employee get?

Employees generally accrue long service leave in Tasmania at the rate of 8.66 weeks for 10 years’ service, and 4.33 weeks for every extra 5 years’ service, if their employment is covered by the Long Service Leave Act 1976 (Tas).

Do casuals get long service leave?

Service as a casual employee counts as service for the purpose of calculating long service leave in Tasmania. They are considered to be continuously employed if they have been regularly working for 32 hours or more in each consecutive period of four weeks.

When does an employee have a right to take long service leave?

Employees in Tasmania generally have a right to take their long service leave once they reach 10 years’ service. By that stage, they would usually have the right to two months’ leave.

If an employee leaves, when do they get paid pro rata long service leave?

An employee in Tasmania who leaves their employment for any reason is entitled to be paid pro rata long service leave provided they have at least 10 years’ service. Alternatively, an employee may be paid pro rata long service leave if they have at least 7 years’ service and they are leaving because:
• they are ill or incapacitated, or there is a domestic or other pressing necessity of such a nature to justify termination; or
• they have attained the age of retirement; or
• their employment is terminated by his employer for any reason other than the serious and wilful misconduct of the employee.

If an employee is off work sick, does that time come off their service for long service leave?

Time off work because the employee is sick or injured counts as service in Tasmania for the purposes of long service leave, provided the absence is supported by a medical certificate.

How much long service leave does a casual employee get if their hours have changed?

When an employee in Tasmania takes their long service leave, or is paid pro rata long service leave, they are entitled to the average hours they have worked in the last twelve months, that is, all the hours they have worked in the previous 12 months, divided by 52.

– Long Service Leave (Victoria)

How much long service leave does an employee get?

Employees generally accrue long service leave in Victoria at the rate of 13 weeks for 15 years’ service, if their employment is covered by the Long Service Leave Act 1992 (Vic).

Do casuals get long service leave?

Service as a casual employee counts as service for the purpose of calculating long service leave in Victoria.

When does an employee have a right to take long service leave?

Employees in Victoria generally have a right to take their long service leave once they reach 10 years’ service. By that stage, they would usually have the right to two months’ leave. There have been some phasing in provisions that have delayed an employee’s right to take leave, however, those provisions are nearly defunct.

If an employee leaves, when do they get paid pro rata long service leave?

An employee in Victoria who leaves their employment for any reason is entitled to be paid pro rata long service leave provided they have at least 7 years’ service.

If an employee is off work sick, does that time come off their service for long service leave?

Time off work because the employee is sick or injured counts as service in Victoria for the purposes of long service leave, for up to 48 weeks in a calendar year.

How much long service leave does an employee get if their hours have changed in the last five years?

When an employee in Victoria takes their long service leave, or is paid pro rata long service leave, they are entitled to the average hours they have worked in the last twelve months, or average hours they have worked in the last five years, whichever is the greater.

– Personal/Carer’s Leave

These FAQs are relevant to all private sector employees and employers in Australia except for sole traders and partnerships in Western Australia, whose entitlements are set by WA State awards. 

What is the basic entitlement?

Every full time employee in Australia is entitles to at least 10 days of personal/carer’s leave that can be used either:

– When the employee is personally ill or injured and can’t attend work; or

– When a member of the employee’s immediate family is ill or injured and requires care, or has an unexpected emergency.

An employee is also entitled to two days of paid compassionate leave on each occasion a member of the employee’s immediate family or household is seriously ill or injured, or dies. This leave is in addition to the ten days per year – it does not come out of the personal/carer’s leave entitlement. There is no cap on the number of occasions an employee accesses this leave in a calendar year.

What is immediate family?

Immediate family includes parents, grandparents, children, grandchildren and siblings of the employee, or of the employee’s spouse or partner. So while the employee’s nephew is not a member of the employee’s immediate family, the definition does include the employee’s wife’s brother. The tangled web of family…

Ten days, five days or eight days each year – which is correct?

Many people are still under the impression that “sick leave is five days in the first year and eight days each year thereafter”. This impression is formed from some old awards that applied in the industry, and was replaced in March 2006 by the WorkChoices entitlement of 10 days per year for a full time employee.

Does unused leave expire at the end of the year?

This type of leave is cumulative, and if an employee does not use their personal/carer’s leave, it remains in the employee’s leave ‘bank’ for them to use at a later time, or in very restricted circumstances, to be cashed out.

Are employees entitled to payment of accrued personal/carer’s leave on termination?

This is only the case if you have an enterprise agreement in place that requires you to do this. Otherwise, this leave simply disappears when an employee when an employee leaves. The Timber Industry Award 2010 does allow for unused leave to be reinstated if an employee is sacked, but returns within 6 months, but that is a rare entitlement.

Does accrued, but untaken, leave have to be paid out every year?

There is a provision in the Timber Industry Award 2010 that allows an employee to request a portion of leave be cashed out. It can only lawfully be cashed out if:

– There is a written request, made no more frequently than once a year, to cash out leave;

– After cashing in some leave, the employee would be left with at least 114 hours of accrued leave; and

– No more than 38 hours is cashed out each year for employees in the Wood and Timber Furniture Stream.

Some enterprise agreements contain different provisions, and generally only employees covered by the Timber Industry Award 2010 can cash in personal/carer’s leave.

Where is it written that an employee can have two single day absences each year without a certificate?

Nowhere, unless you have a written policy in the workplace. Employers are entitled to request evidence of the need to take leave at any time. Many old awards did allow employees to have two days off without a certificate each year, but that is no longer in any modern award. Employers would usually have a policy about when they require evidence – and it might be that two single day absences is a reasonable threshold. But it is set by policy, not the award.

When an employer is setting this type of policy there are some considerations on whether or not the requirement to produce a medical certificate is reasonable:

– Does the employee know at the start of the absence that they need to provide evidence?

– Is it reasonable to expect that the employee will be able to see a doctor on the day of the illness? In some rural and regional areas of Australia, in particular, getting an appointment to see a doctor can be difficult.

– Is the basic policy something the employer is prepared to enforce on a consistent basis for all employees?

Do I have to pay the public holiday if an employee is sick on a day next to a public holiday?

It used to be the case that if an employee was absent without reasonable cause on the day adjoining a public holiday, not only did they lose pay for the day they were away, but they also did not get paid for the public holiday. In fact, even then, if an employee was sick and complied with any requirement to provide evidence, then they didn’t lose the public holiday.

However, that clause is no longer in the award, as it would breach the National Employment Standards.

Can’t employees use this leave for any personal matter, because it’s called personal leave?

An employee can only take personal/carer’s leave for one of two reasons – they are too ill themselves to come to work, or they need to care for a family member who is ill, injured, or has an unexpected emergency and requires care or support. Wanting to take a morning off to register a car or go and watch a school concert is not grounds for taking personal/carer’s leave. Annual leave would be more appropriate in those situations.

Don’t employees get their 76 hours up front, and they use it until it has all gone?

Not any more. That was the way it used to work, each anniversary an employee would have their sick leave credited to their balance. Now employees accrue leave as they work, based on the number of ordinary hours they work. Personal/carer’s leave accrues at the rate of 1.46 hours of leave for each 38 ordinary hours worked. An employee on paid leave is deemed to be working, so personal/carer’s leave accrues while an employee is on paid personal/carer’s leave.

Can I make an employee provide a medical certificate?

As a basic entitlement, personal/carer’s leave is provided by the National Employment Standards (NES). One of the features of the NES is that an employer can make payment of personal/carer’s leave dependent on:

• the employee notifying the workplace that they will be absent; and
• the employee providing evidence that would satisfy a reasonable person that the employee needed to take personal/carer’s leave.

The NES does not specifically mention medical certificates, however, it is likely that the provision of a certificate from a registered medical practitioner would constitute “evidence that would satisfy a reasonable person” for most purposes.

Is it reasonable?

Some union lawyers have queried whether requiring the provision of a medical certificate to substantiate all bar a small amount of personal/carer’s leave is ‘reasonable’. This has not yet been tested. In some areas of Australia it can be very difficult for an employee to get an appointment to see a doctor on the day that they are ill, which can make it harder for them to comply with any requirement by the employer to supply medical certificate.

There are also many doctors who are not happy to see patients who don’t really need medical attention because the illness is minor, but have to see a doctor in order to prove to their employer that they are eligible for paid personal/carer’s leave.

Where is it written that an employee can have two single day absences each year without a certificate?

Nowhere unless you have a written policy in the workplace. Employers are entitled to request evidence of the need to take leave at any time. Many old awards did allow employees to have two days off without a certificate each year, but that is no longer in any modern award. Usually employers would have a policy about when they require evidence – and it might be that two single day absences is a reasonable threshold. But it is set by policy, not by the award.

When an employer is setting this type of policy, there are some considerations that might go to whether or not the requirement to produce a medical certificate is reasonable:

• Does the employee know at the start of the absence that they need to provide evidence?
• Is it reasonable to expect that the employee will be able to see a doctor on the day of the illness?
• Is the basic policy something the employer is prepared to enforce on a consistent basis for all employees?

What is a common policy on certification of personal/carer’s leave?

“Each employee is entitled to three single day absences without certification in each calendar year. A medical certificate is required for any absence that is greater than a single day, or in excess of three single days in a calendar year. A medical certificate is also required for absences on working days either side of a period of annual leave, long service leave, or public holidays.

Additionally, an employee who is regularly absent will be required to provide a medical certificate to substantiate every absence.

Where an employee does not have enough accrued paid personal/carer’s leave to cover an absence, the employee will still be required to comply with the certification requirements.”

– Summary Dismissal

What is summary, or instant, dismissal?

Every ongoing employee in the national system is entitled to notice of termination, or payment in lieu of notice. This ranges from one week’s notice for less than one year’s service to five weeks’ notice for an employee who is over 45 years old and has more than 5 years’ service.

Summary dismissal occurs when an employee is dismissed without notice, and without payment in lieu of notice. In some States and Territories, summary dismissal also has the effect of stripping the employee of the right to payment of pro rata long service leave.

Although it is also called “instant dismissal”, that is a misnomer. This type of dismissal should never be done without careful consideration, as the courts view the sanction of withholding notice, or payment in lieu of notice, as the most serious form of dismissal. Dismissal of this type is usually only warranted in response to serious misconduct.

What is serious misconduct?

Serious misconduct is wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the employment contract. Examples given in the Fair Work Regulations 2009 include:

• Conduct that causes serious and imminent threat to a person’s health and safety, or the employer’s reputation, viability or profitability;

• Theft, fraud, assault, intoxication at work;

• Refusal to carry out a lawful and reasonable instruction.

Serious misconduct does not include lesser misconduct such as persistent absenteeism, lateness or rudeness. To qualify as serious misconduct, the behaviour or act has to be so bad that continuation of the employment relationship would be out of the question. It also has to be deliberate, that is, you need to be able to assert that the employee clearly knew that what they were doing was wrong and did it anyway.

What sort of proof might you need of alleged serious misconduct?

If challenged in a tribunal or in court, you may need to be able to produce the evidence which convinced you that the employee was guilty of serious misconduct. The standard of proof is ‘on the balance of probabilities’, which is not as difficult to achieve as the criminal standard of proof of ‘beyond reasonable doubt’.

What do I do if I think someone needs to be summarily dismissed?

If you are considering dismissing an employee for serious misconduct, you must first stop the employee from working as soon as you become aware of the allegation of misconduct. If you allow the employee to continue working during the investigation, then it is clear that the conduct was not so bad as to be inconsistent with the continuation of the contract of employment. If you stand an employee down, then you must usually do so with full pay, and you must conduct a thorough but timely investigation.

During the investigation, the employee must have a reasonable and genuine opportunity to respond to the all the allegations against them. You may need to go back to witnesses and the employee several times to get a good picture of what happened. It may be necessary to engage outside professionals to help identify what was actually done by whom, especially if the allegations involve accounting fraud or misuse of IT systems.

Finally, if you have come to the conclusion that there is a case for the employee to answer, you must give the employee a final, genuine opportunity to respond to the entire set of allegations. This could be a response in writing, it could be a response given at a face to face meeting held on another day. The employer must not make up their mind about whether or not to dismiss the employee until the employee’s opportunity to respond has been exhausted.

What about ‘failure to follow a lawful and reasonable direction’?

It is often the case that other types of serious misconduct are also criminal behaviour, for example, theft, fraud and physical assault. However, failure to follow a lawful and reasonable direction is not criminal, but it is a breach of the contract of employment. The questions that might arise should an employee challenge dismissal on this basis would include:

• Was it reasonable to ask the employee to follow the direction?

It might not be reasonable to direct an employee to clean the toilets if that is not part of their agreed duties.

• Was the direction lawful?

If you direct an employee to do something unlawful, e.g. commit tax fraud, then the employee’s refusal to follow the direction is not serious misconduct.

• Did the employee know the potential consequences of continuing to refuse to perform the task?

If you are considering dismissing an employee because of their failure to follow a direction, it is always wise to give them written notice of the direction, and the fact that they will be summarily dismissed if they don’t comply.

INSURANCE SERVICES - AB PHILLIPS
ab-phillips-logo

AB Phillips – Insurance Services for AFA Platinum and Importer Members

The AFA’S preferred supplier of Insurance and Risk Solutions

The Australian Furniture Association has worked closely with the insurance industry and are pleased to announce the appointment of AB Phillips as the preferred supplier of Furnishing Industry Specific Insurance, General Insurance and Workers Compensation solutions to AFA Members.

For 40 years, AB Phillips has helped businesses save time and money through providing comprehensive insurance and risk products and services. Backed by AUB Group Ltd (ASX: AUB), which ranks among the top insurance broking and risk services groups in Australian/New Zealand, the group manages over $2.5b in GWP (gross written premiums) and more than $700m in FUA (funds under advice).

GENERAL INSURANCE

AB Phillips have a tailored suite of products for the Furnishing industry, including packages that comply with the CS-088 Furniture and BD-089 Cabinetry standards. These include:
Property / Industrial Special Risk Insurance
Business Interruption Insurance
Public Liability Insurance
Errors and Omissions Extension – Specifically tailored extension for AFA Members only based on Australian Standards
Management Liability Insurance (Directors and Officers)
Comprehensive Transit Cover for transportation with loading and unloading
Subcontractor Management Program. (A product by AB Phillips created to manage the general insurance and risk management for clients with high numbers of subcontractors.
AB Phillips expertise and network enables them to obtain better cover and competitive premiums.

The experts at AB Phillips are dedicated to saving you a substantial amount on your premium and importantly improve your cover with tailored extensions specific to the Furniture Industry. At no obligation, AB Phillips will conduct a comprehensive review of your business insurance and compile a comparative proposal for your consideration.

Let them help you to close gaps in your cover across a number of areas you may not be aware of and reduce your risk. SIMPLY QUOTE AFAABPINS2016when making your enquiry. Your AFA Member dedicated Senior Account Manager is Joel Treadwell on +613 8586 9327.

WORKERS COMPENSATION

AB Phillips are Workers Compensation experts and can work with AFA Members to implement a tailored risk program that delivers real cost savings and results and a safer work environment for you and your employees. AB Phillips Workers Compensation Risk Services offers a comprehensive risk program including:
Review Services
Injury Management
Injury Prevention
AB Phillips also provide an advisory service called AdviceLine whereby AFA Members can phone or email to receive professional advice on anything relating to Workers Compensation or OH&S.

SIMPLY QUOTE AFAABPWC2016 to when making your enquiry.

Your AFA Member dedicated Senior Advisor in Risk Solutions is Paul Konstantos on +613 8686 9333

WHAT HAPPENS NEXT

Customer Relations Officers, Kathleen and Nicky from AB Phillips, will contact you over the next few weeks to offer their assistance. I encourage you to take advantage of the partnership developed especially on your behalf with AB Phillips and explore how they can save your business time and money. If you would prefer not to be contacted please let us know by replying to this email

In the mean time, find out more by calling the AFA dedicated Account Manager Joel Treadwell on 1300 242 136 or by visiting their website

IR/HR RESOURCES
AB Phillips – HR Advisory Services for AFA Platinum and Importer Members

 

Awards

AFA Members are encouraged to browse the list of industry and occupation awards to ensure compliance. A list of potential Award Codes is shown below, but if you are unsure of which one applies, go to https://www.fairwork.gov.au/awards-and-agreements/awards/list-of-awards to search for the most appropriate category.

Federal Award Codes:

Award Type Code
Clerks – Private Sector MA000002
Aluminium Industry Award MA000060
Architects Award MA000079
Building and Construction General On-site Award MA000020
Commercial Sales Award MA000083
Educational Services (Post-Secondary Education) Award MA000075
Educational Services (Schools) General Staff Award MA000076
Educational Services (Teachers) Award MA000077
Electrical, Electronic and Communications Contracting Award MA000025
General Retail Industry Award MA000004
Joinery and Building Trades Award MA000029
Manufacturing and Associated Industries and Occupations Award MA000010
Road Transport and Distribution Award MA000038
Textile, Clothing, Footwear and Associated Industries Award MA000017
Timber Industry Award MA000071

The minimum wages and conditions an employee is entitled to are set out in awards (also known as modern awards). Awards don’t apply when a business has an enterprise agreement or other registered agreement and the employee is covered by it. 

Every award has information about who is covered by it. To work out which award applies, read:

  • the coverage clause (usually clause 4)
  • the job classifications (usually in the pay section or a schedule).

Pay Guides

For the full list of Pay Guides, AFA Members are encouraged to visit:

https://www.fairwork.gov.au/pay/minimum-wages/pay-guides

AFA Members can contact AB Phillips for HR advice on any Awards and Pay related enquiries.

pdf-iconMinimum Rates of Pay – June 2018

RESEARCH
The AFA has summarised and created a range of reports for the industry that our valuable on both a domestic and international scale. Logged in Members get 75% off listed prices.

 

TEMPLATES AND DOWNLOADS

These AFA Member Resources are copyright and have been provided by the AFA strictly for the use of Members Only. Please use these documents for your Membership purposes only, and do not share them with non-members.    

Manufacturers Warranty Sample Template

AFA Member Logo 2020 – Download Link

Please Note: This is a basic Warranty template. If you require a more specific or detailed form please contact AFA directly.

Warranty Against Defects Claim Template

Warranty Against Defects Claim Form Sample Template:

As suppliers your goods come with guarantees that cannot be excluded under the Australian Consumer Law. Consumers are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. They are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The benefits of this sample claim form are in addition to any rights and remedies imposed by Australian State and Federal legislation that cannot be excluded.

Subject to the Warranty Terms and Conditions and the Warranty Claim Procedure, the manufacturer warrants a product to be free of manufacturing or material defect for months from the date of purchase.

AFA Members are encouraged to adopt this standard Warranty Against Defects Claim Form Sample Template when developing consumer claim forms or processes.


Warranty Against Defects Claim Form Sample Template Image

Warranty Against Defects Claim Form Sample Template

Download Editable Version Here

Manufacturer Warranty Sample Template

Manufacturer Warranty Sample Template:

As suppliers your goods come with guarantees that cannot be excluded under the Australian Consumer Law. Consumers are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. They are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

The benefits of this sample warranty are in addition to any rights and remedies imposed by Australian State and Federal legislation that cannot be excluded. Nothing in this warranty is to be interpreted as excluding, restricting or modifying any State or Federal legislation applicable to the supply of goods and services which cannot be excluded, restricted or modified.

Subject to the Warranty Terms and Conditions and the Warranty Claim Procedure, the manufacturer warrants a product to be free of manufacturing or material defect for months from the date of purchase.

AFA Members are encouraged to adopt this standard Manufacturer Warranty Sample Template when developing Warranty documents.


Manufacturer Warranty Sample Template Image

Manufacturer Warranty Sample Template

Download Editable Version Here